The Center for Gender and Refugee Studies (“CGRS,” “we” or “us”), based at the University of California College of the Law, San Francisco (“UC Law SF”), makes available through its website, cgrs.uclawsf.edu (the “Website”), resources for attorneys and other end users (“End Users”). These resources include, without limitation, (i) the ability to request assistance with asylum and other humanitarian matters, (ii) resources to support asylum and other humanitarian matters through CGRS’s Technical Assistance Library (“Technical Assistance Library”), (iii) access to a database of expert witnesses (the “Expert Witness Database”) in order to locate and engage expert witnesses for asylum and other humanitarian matters, including through clinics or other organizations that provide expert evaluations (“Experts”), and (iv) access to a library of resources supporting the practice of servicing as an expert witness (“Expert Witness Resources Library”). End Users and Experts are collectively and individually referred to herein as “Users,” a “User” or “you.” “The CGRS Parties” is used herein to refer collectively to CGRS and UC Law SF and its officers, directors, managers, owners, employees, agents, representatives and assigns. These Terms of Use (the “Terms of Use” or “Terms”) govern all use of the Services (as defined below) by Users.
ACCEPTANCE OF TERMS
The Website, including the Technical Assistance Library, the Expert Witness Database, the Expert Witness Resource Library, and all related sites provided by CGRS, and the content, features, functionality and services provided through such sites and applications (collectively, the “Services”) can only be accessed and used subject to the Terms of Use. Note that these Terms of Use do not apply to the general UC Law SF website available at https://uclawsf.edu.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SERVICES, YOU AGREE THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS OF USE, THEN YOU MAY NOT ACCESS AND USE THE SERVICES. IF YOU USE THE SERVICES ON BEHALF OF A COMPANY OR OTHER ENTITY, THEN “USER” OR “YOU” INCLUDES THAT ENTITY, AND YOU REPRESENT AND WARRANT THAT (A) YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT ENTITY WITH THE AUTHORITY TO BIND THE ENTITY TO THESE TERMS, AND (B) YOU AGREE TO THESE TERMS ON THAT ENTITY’S BEHALF.
THESE TERMS CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO CGRS’S SERVICES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN THESE TERMS. VIEW THESE PROVISIONS HERE.
MODIFICATIONS OF TERMS OF USE
We may periodically modify the Terms of Use. If we make material changes to the Terms of Use we will use reasonable efforts notify you via the Services (e.g., by posting a notice on our Website indicating that the Terms of Use have been changed) and updating the “Last Revised” date at the top of these Terms of Use. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in the updated Terms of Use. By continuing to use the Services after the modifications have become effective, you are consenting to the revised Terms of Use. If you do not agree with any modifications to the Terms of Use, please stop using the Services. No amendment shall apply to a Claim (as defined below) for which an arbitration has been initiated prior to the change in the Terms of Use.
REGISTRATION
We require that you create an account to use or access certain parts and features of the Services. We require that you provide registration information such as a username and password to access and utilize your account. As a condition of your use of the Services, you (a) agree to provide CGRS with true, accurate, current and complete information as prompted by the CGRS’s registration forms, when registering for or using the Services, (b) agree to update and maintain the truthfulness, accuracy and completeness of such information, and (c) unless you are an Expert, hereby certify that you do not work for the United States or any foreign government (with the exception of working for the United States as a federal public defender), and will not use the tools and/or information available on the Services for purposes other than to protect and promote the rights of immigrants. You are solely responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your account, whether authorized or unauthorized. You must immediately notify us at cgrs@uclawsf.edu if you know or have any reason to suspect that your account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your account. Creating multiple accounts for a single User or failing to provide complete or current information may result in account termination.
By registering with or using the Services you represent and warrant that you are 18 years of age or older and are legally competent to enter into and agree to these Terms of Use.
DONATIONS
The Services may permit you to make a donation using our third-party payment processor which will be used to support CGRS’s work to protect the human rights of people seeking refuge in the United States. When you make a donation, you will be redirected to the website of our third-party service provider (the “Donation Portal”), which is not operated by CGRS. You acknowledge and agree that CGRS Parties (as defined above) are not responsible for any liability that may arise from activities occurring on the Donation Portal. When you make a donation, (i) you agree to pay the amount you designate for such donation, including all applicable taxes, and (ii) authorize our third-party payment processors to charge your applicable payment method for the amount of such donation. You acknowledge and agree that all information you provide with regard to a payment of the donation, including, without limitation, credit card, bank account or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the credit card or other payment method you provide to our payment processor. Unless otherwise noted, all currency references are in U.S. Dollars.
PRIVACY POLICY
CGRS ’s Privacy Policy explains how we collect, use and disclose your personal data in connection with the Services. By using the Services, you agree that CGRS can use such data in accordance with CGRS’s Privacy Policy found here.
USE OF THE SERVICES
Subject to compliance with these Terms of Use, UC Law SF on behalf of CGRS grants Users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Services in accordance with the Terms.
PROHIBITED CONDUCT
As a condition of your access and use of the Services and your submission or access to any reviews, Feedback, information, data, text, court or other case documents, photographs, audio clips, audiovisual works, or other materials on the Services (collectively, the “Content”), you agree not to use the Services for any purpose that is unlawful, prohibited by these Terms of Use, or not intended by CGRS. In particular, you agree not to:
violate these Terms of Use or any other applicable agreement between you and UC Law SF;
use the Services in any manner that violates any applicable laws, rules or regulations;
use the Services in any manner that infringes, misappropriates or violates any third party’s rights, including transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, data privacy, contractual rights, or intellectual property rights;
use the Services or any Content for any purposes not authorized by this Terms of Use, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of unsolicited solicitation;
submit, transmit, display, perform, post or store any Content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Services for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Services in a manner that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable;
download, reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Services except as expressly permitted in these Terms of Use;
harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with CGRS, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review;
provide or submit false or misleading information;
take any action that would interfere with or undermine the review process under the Services;
use the Services in any way that could interfere with the rights of CGRS Parties or the rights of other users of the Services;
attempt to gain unauthorized access to any portion or feature of the Services, other User accounts, or any other systems or networks connected to the Services or to any server used by CGRS by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Services user;
sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use to any third party, except to any third parties authorized to access your account;
transmit or submit any transmission or other materials that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Services;
access, download, monitor, or copy any information contained on or obtained through our Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process), or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Services; or
probe, scan or test the vulnerability of the Services or any network connected to the Services, or breach the security or authentication measures on or of the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Services, or any other customer of CGRS Parties, including any CGRS account not owned by you, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including personal identification or information other than your own information, except as expressly authorized by CGRS and provided for by the Terms of Use.
SUBMITTED CONTENT
In connection with your use of the Services, you may be able to post, upload or submit content, documents or other materials to be made available through the Services, including on the Expert Witness Database (“Your Content”). You may request that Your Content be taken down or that Your Content is not published to your public profile. As a condition of submitting Your Content via the Services:
you grant to UC Law SF on behalf of CGRS (i) a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from Your Content, including by incorporating Your Content into other works; and (ii) all rights necessary to publish or refrain from publishing your name and address in connection with Your Content;
you acknowledge that the license set forth in subsection (a) above cannot be terminated by you once Your Content is submitted to the Services;
you agree that you are also responsible for redacting any identifying information in any of Your Content that you submit to the Services, including any information about asylum applicants;
you agree that once you have submitted Your Content, CGRS reserves the right to publish it in any medium to others, and it may become public and will be accessible by anyone;
you represent that you own or have secured all legal rights necessary for Your Content to be used by you, CGRS, and others as described and otherwise contemplated in these Terms of Use, including obtaining any required consents from third parties to share Your Content;
you represent that each person identified, depicted, or shown in Your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of Your Content consistent with these Terms of Use.
you agree that you are solely responsible for any feedback, comments and suggestions for improvements (“Feedback”), or reviews that you submit (including about Experts), and any liability to CGRS or third parties arising therefrom;
you represent that all of your reviews or Feedback of the Experts will be accurate, honest, truthful, and complete in all respects and you will not submit any reviews that may be considered by CGRS to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party;
you represent that all of your reviews or Feedback will be based upon your actual first-hand experiences with the Experts you are reviewing;
you represent that you do not work for, own any interest in, serve on the board of directors of, or have a familial relationship with any of the Experts or organizations providing expert evaluations for which you submit reviews;
you represent that you have not received and will not receive any form of compensation, whether direct or indirect, to post reviews;
you represent that you will not submit reviews with hyperlinks; and
you represent and acknowledge that the reviews that you provide do not reflect the views of CGRS Parties or other users and that CGRS Parties cannot and do not guarantee the accuracy, integrity, quality or appropriateness of Your Content transmitted to or through the Services.
You further acknowledge that CGRS Parties have no obligation to screen, preview, monitor or approve any of Your Content or Experts. However, CGRS reserves the right, in its absolute discretion, but assumes no obligation, to review, modify and/or delete any of Your Content, including any of Your Content in your Expert profile, or remove access to any Experts, for any reason, including but not limited to that, in CGRS’s sole judgment, Your Content or the applicable Experts violate these Terms of Use or otherwise may cause liability for CGRS or any other party.
USE OF EXPERT SERVICES
The Expert Witness Database includes a wide range of Experts collected over the years from attorneys and through our own independent research. CGRS Parties do not make any guarantees and are not responsible or liable to you or any third parties regarding any Expert, their work product or any services provided by or through any Expert listed on the Services. CGRS Parties are also not responsible or liable to Experts for any disputes arising out of any interactions with or contracts entered into with third parties. End Users must conduct their own research and vetting when deciding whether to engage an Expert on their asylum case. CGRS Parties do not receive any payment from Experts in conjunction with their inclusion in the Services.
You agree that should you use or rely on such services, the CGRS Parties are not responsible or liable, indirectly or directly, for any claims, damages or loss caused or alleged to be caused by or in connection with such use or reliance or any other interactions or dealings with any Expert. Your dealings with or use of any services from any Expert, and the terms, conditions, representations or warranties associated with such dealings, are between you and such Expert exclusively and do not involve CGRS Parties. You are responsible for ensuring the qualifications, competence and trustworthiness of any Expert before hiring or engaging such Expert.
CGRS may link or otherwise direct End Users to third-party websites, such as Expert websites. CGRS Parties do not control or operate any such third-party websites and are not responsible for examining or evaluating the Content, accuracy, completeness, validity, legality or quality or any other aspect of such websites. Any information you provide to these third-party websites while on these third-party websites is subject to the respective policies of those third parties, and not CGRS Parties’ policies. It is your responsibility to review such third-party policies, including any relevant privacy policies. You acknowledge that you use these third-party websites at your own risk.
SUSPENSION AND TERMINATION
CGRS may disable, terminate or suspend your account or your access to or use of the Services without notice for any or no reason, including suspected violations of the Terms of Use. Upon such suspension or termination you must cease accessing or using the Services, including any related data and information. Furthermore, you acknowledge that CGRS reserves the right to take action (technical, legal or otherwise) to block, nullify or deny your ability to access the Services. In the event your account is deleted for any reason, CGRS may, but is not obligated to, delete any of Your Content. You understand that CGRS may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to CGRS.
All provisions of these Terms of Use which by their nature should survive termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms of Use by CGRS or you, including provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
OWNERSHIP
The CGRS and UC Law SF name, graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of UC Law SF or its licensors in the United States and/or other jurisdictions. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
Aside from Your Content, the Services, the Content and all other materials and other information on the Services, including all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of CGRS Parties and/or its licensors and are protected by all United States and international copyright laws.
COPYRIGHT POLICY
It is CGRS’s policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will use reasonable efforts to promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for Users of the Services who are infringers.
Notifying CGRS of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “DMCA Notification” by either sending: (i) an email to cgrs @uclawsf.edu; or (ii) a letter, first class certified mail, to CGRS, 200 McAllister Street, San Francisco, CA 94102, Attention: Deputy Director, that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). We will need the following information from you:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a detailed description of where the material that you claim is infringing is located or found on the Services;
information for our copyright agent to contact you, such as your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If your material has been identified as infringing and removed and you feel that your material does not constitute infringement, you may provide us with a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter-notification with us, you must provide a written communication (by fax, mail or email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others.
DISCLAIMER
Except as otherwise set forth in these Terms of Use, the CGRS Parties make no representations or warranties and disclaim all liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services and any Content available on the Services, including on the Technical Assistance Library, Expert Witness Database, and Expert Witness Resource Library; (b) any of Your Content that you, another user, or a third party creates, uploads, posts, sends, receives or stores on or through the Services; (c) any claims arising from interactions with other Users (including Experts) or dealings with or services procured from or provided by Experts or other third parties; (d) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (e) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (f) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from CGRS Parties or through the Services, will create any representation or warranty not expressly made herein. ANY USE OF THE SERVICES, INCLUDING ANY RELIANCE UPON OR USE OF ANY OF THE CONTENT OR INFORMATION THEREIN AND ANY INTERACTIONS OR DEALINGS WITH ANY EXPERTS, SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (ALL OF WHICH ARE HEREBY DISCLAIMED), WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CGRS PARTIES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, IN EACH CASE ARISING UNDER ANY THEORY, INCLUDING UNDER WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SUCH CGRS PARTY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR RISK. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
THE CGRS PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU IN CONNECTION WITH THE USE OF THE CONTENT OR SERVICES IS LIMITED TO THE GREATER OF (I) THE AMOUNTS, IF ANY, YOU PAID TO CGRS RELATING TO YOUR USE OF THE CONTENT AND/OR SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (II) $100.
INDEMNITY
You agree to indemnify and hold harmless the CGRS Parties from and against all losses, liabilities, expenses, damages, claims, judgments, demands and all costs and expenses in connection therewith, including reasonable attorneys’ fees and court costs, due to or arising from: (a) any violation of these Terms of Use or any applicable law, rule or regulation; (b) Your Content; (c) your negligence or willful misconduct or any intentional or willful violation of any rights of another or harm you may have caused to another; (d) your interactions with other Users (including Experts) or dealings with or services provided by an Expert; or (e) your use or provision of any services in connection with the Services. If you are obligated to indemnify any CGRS Party hereunder, then you agree that UC Law SF on behalf of CGRS (or, at its discretion, the applicable CGRS Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether CGRS wishes to settle, and if so, on what terms, and you agree to fully cooperate with UC Law SF on behalf of CGRS in the defense or settlement of such claim.
NOTICE
By using the Services, you consent to receive electronic communications from CGRS (via email or via a posting on the Services), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that CGRS may communicate any notices to you under these Terms of Use through electronic mail, regular mail or posting the notices on the Services. All notices to CGRS must be provided by either sending: (i) an email to cgrs@uclawsf.edu; or (ii) a letter, first class certified mail, to CGRS, 200 McAllister Street, San Francisco, CA 94102, Attention: Deputy Director. Such notices will be deemed delivered upon receipt.
ENTIRE AGREEMENT
These Terms of Use and other agreements, rules, and policies incorporated by reference to this Terms, constitutes the entire agreement between you and CGRS with respect to the subject matter hereof and your use of the Services, and supersedes all other agreements and understandings, both written and oral, between CGRS and you with respect to the subject matter hereof. Additional terms and conditions may exist between you and third parties, including service providers and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to CGRS under these Terms of Use.
ARBITRATION; NO CLASS ACTIONS
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
You and CGRS agree that in the event of any dispute between you and the CGRS Parties, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and CGRS agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party, including any CGRS Party.
After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Services and/or Content, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and CGRS Parties agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). If these Terms and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you are waiving the right to trial by jury or to participate in a class action or class arbitration.
Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, CGRS will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below). Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules. In that case, you agree to reimburse CGRS for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by CGRS before the arbitrator was appointed, CGRS will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to cgrs@uclawsf.edu. The notice must be sent to CGRS within 30 days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt-out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt-out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, CGRS also will not be bound by them.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH THE EXCEPTIONS SET FORTH ABOVE.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IF A COURT DECIDES THAT THE LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.
MISCELLANEOUS
If you breach any term of this Terms of Use or other agreement with the CGRS Parties, CGRS Parties may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. CGRS Parties’ remedies are cumulative and not exclusive. Failure of any CGRS Party to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Terms of Use at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. This Terms of Use is not assignable, transferable or sublicensable by you except with CGRS’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and CGRS and/or UC Law SF as a result of these Terms of Use or use of the Services. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth above, or if arbitration does not apply, then the state and federal courts located in San Francisco, California.
NON-DISCRIMINATION
NEITHER USERS NOR CGRS PARTIES SHALL discriminatE against any person on the basis of the following protected categories: age, ancestry, childbirth or related medical condition, citizenship, color, ethnicity, gender, gender expression, gender identity, gender transition status, genetic information (including family medical history), marital status, military or veteran status, medical condition (e.g., cancer-related or genetic characteristics), national origin, physical or mental disability, pregnancy, race, religious creed, sex, sexual orientation, sex- or gender-stereotyping, or any combination of these or related factors. This policy is intended to be consistent with applicable state and federal laws and UC LAW SF policies.
CONTACTING US
If you have any comments or questions regarding these Terms or wish to report any violation of these Terms of Use, please contact us at cgrs@uclawsf.edu. We will address any issue to the best of our abilities
This privacy policy (the “Privacy Policy”) discloses the privacy practices of the Center for Gender and Refugee Studies (“CGRS,” “we” or “us”) based at the University of California College of Law, San Francisco (“UC Law SF”) and uses of the information that we gather about users (“End Users”) and expert witnesses for asylum and other humanitarian matters, including clinics or other organizations that provide expert evaluations (“Experts”, and together with End Users, collectively, “Users,” a “User” or “you”) via https://cgrs.uclawsf.edu and any related applications, services, tools and features, including CGRS’s Expert Witness Database (as defined below), Technical Assistance Library, the Expert Witness Resource Library as well as submissions by you to CGRS (collectively, the “Services”). Note that this Privacy Policy does not apply to the general website for UC Law SF (www.uclawsf.edu) or the websites of any of UC Law SF’s other centers or departments. By using the Services you agree to the collection, use and disclosure of your information as described in this Privacy Policy.
The Services can only be accessed and used subject to the CGRS Terms of Use. Please read this Privacy Policy carefully. By accessing, downloading, or using any of the Services, you agree to the use of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, you may not access and use the Services.
MODIFICATIONS OF PRIVACY POLICY
We may periodically modify the Privacy Policy. If we make material changes to the Privacy Policy we will use reasonable efforts to notify you via the Services (e.g., by posting a notice on our website indicating that the Privacy Policy has been changed) and take such other steps as required by applicable law. If you do not agree with any modifications to the Privacy Policy, please do not access or continue to use the Services.
COLLECTION AND USE OF INFORMATION
When you access or use the Services, CGRS collects information about you in various ways, including through your submissions to the Services, participation in the Services and registration for the Services and through certain third-party service providers. CGRS collects the following information:
The following information about all Users who make an account: name, phone number, e-mail address, username, password, government affiliation, profession and organization. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. Do not share your username, password or other access details with anyone else, except that Expert Witness users may authorize third parties to maintain their profiles as specifically provided for on the Expert Witness registration form. If you believe your account has been compromised, please contact us immediately.
The following information from Users who register on the Services specifically as an asylum seeker, an attorney or an Expert: name, email address, phone number, password and organization.
The following information about Experts who create a profile on our database where Users can locate and engage Experts (“Expert Witness Database”): name, preferred pronouns, title, email address, physical address, company, type of expert, related websites, institutional affiliations, educational background and other academic qualifications, information included in a CV, topic(s) of expertise (e.g., child psychology, gender-based violence, gang violence, violence against children), countries of expertise, language ability, fee structure, willingness to testify in court, availability for engagement, prior declarations and any references to the Expert in court decisions.
The following payment information from Users who choose to make a donation: name, email, partial credit card information and billing address, which is stored on Administrative Service Providers platforms.
The following information from Users who submit an asylum case intake form: client information (e.g., country of origin, date of border crossing, indigent status, gender, age, minor unaccompanied status, details of persecution), organization information (e.g., sources of funding), case information (e.g., qualification for legal services programs, procedural details, decision status, case issues, case summary, filing deadlines, participating attorneys).
The following information from Users who submit an outcomes form based on a prior case decision: the date of the decision and relevant decisionmaker (i.e., asylum office, immigration judge, etc.), applicant information (e.g., age, detention status at the time of the decision, any related applicants, whether the applicant had representation, and if so, who applicant represented by), protected grounds considered by the adjudicator, information regarding the reasoning for the outcome, whether the case is subject to the Asylum Processing Rule, whether the applicant has been granted other forms of relief, and information about the Expert in the case, if any, (e.g., name, type of expert, whether the expert’s qualifications or findings were challenged, whether the court mentioned the expert or their testimony in its decision) and any additional information or documents you choose to include in the form.
The following information from survey participants: name, email address, phone number, law firm and any feedback on the relevant Services which the survey participant chooses to provide.
Any other information that you choose to include in communications with us.
SUBMISSION OF DOCUMENTS, REVIEWS AND COMMENTS
We collect information that you voluntarily provide as part of the Services, including messages, documents (including court documents or other documents related to cases), reviews, and other materials related to asylum matters or court proceedings which you submit through the Services (“User Generated Content”). CGRS or others may store, share, display, reproduce, publish, or otherwise use your User Generated Content and may or may not attribute it to you. With respect to any User Generated Content submitted by Users requesting assistance with an asylum case, CGRS may use such User Generated Content to (i) provide tailored assistance and materials for your case, (ii) inform our analyses of treatment of gender-based, child, LGBTQ and other claims for national policy and advocacy and (iii) share such User Generated Content with attorneys who seek our assistance in analogous cases or organizations to support our mutual advocacy efforts.
If you do not want certain information shared with others, you should not submit such User Generated Content to the Services. Once you have submitted User Generated Content, we reserve the right to publish it in any medium to others, and it may become public and able to be shared with third parties.
Please note that we do not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the features permitting creation of User Generated Content or what others do with information you share with them on such platforms. We are not responsible for the accuracy, use or misuse of any User Generated Content that you disclose or receive from third parties through email lists.
AGGREGATE INFORMATION
We collect general, non-personal, statistical information about the use of the Services, such as how many users visit a specific page on our website, how long they stay on that page, and which hyperlinks, if any, they click on. This information represents a generic overview of our Users, including their collective viewing habits, and allows us and other third parties to modify information and improve the Services based on user traffic and behavior. We collect this information through the use of technologies such as “cookies” and web beacons, which are discussed in greater detail below. We collect this information in order to help enhance the Services to make for a better user experience.
THIRD PARTY INFORMATION
We may supplement information you provide to us with information from other sources, such as case summaries from newsletters and databases, information regarding Experts from universities, attorneys with whom the Experts have worked, and other sources. We use this information to help us maintain the accuracy of the information we collect and for internal business analysis or other business purposes consistent with our mission.
COOKIES
CGRS may automatically collect information about you through the use of cookies. You may set your browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of our Services may not function or may be slower if you refuse cookies. You may also get cookies from other third parties with links on our website as described below. We do not directly control these cookies.
We may use the services of third parties to collect and use anonymous information about your visits to and interactions with our Services through the use of technologies such as cookies to personalize advertisements for goods and services.
OTHER TRACKING TECHNOLOGIES
We also collect information from and about the devices you use to access the Services. This includes things like IP addresses, the type of browser and device you use, the web page you visited before coming to our sites, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to the Services.
We also use services hosted by third parties on the Services, such as Google Analytics, a web analytics service provided by Google, Inc., to assist in providing the Services. To opt out of tracking by Google Analytics, click here.
DO NOT TRACK
CGRS does not track Users across third-party websites, and does not use or respond to “do not track” signals received from web browsers.
USE OF INFORMATION
The information CGRS collects is used in the following ways:
to provide the Services;
to create and secure your account;
in the case of information about Experts, to disclose such information on the Expert’s profile page on the Services;
in the case of information from Users who submit an asylum case intake form, to provide tailored assistance and materials for their case;
for internal review;
to improve the Services;
to verify the legitimacy of reviews;
to notify you about updates to the Services;
to get reviews;
to communicate with you regarding the Services;
for any purposes identified in the “Submission of Documents, Reviews and Comments” section;
for internal business analysis or other business purposes consistent with our mission; and
to carry out other purposes that are disclosed to you and to which you consent.
DISCLOSURES AND TRANSFERS OF INFORMATION
We may disclose your information to third parties as follows:
we have your permission to make the disclosure;
the disclosure is of information that you have submitted for display on publicly available sections of the Services, such as profile information for your profile page;
the disclosure is consistent with the purpose for which the information was obtained;
the disclosure is to an Expert who is working or has worked on your case;
the disclosure is permitted or required by applicable law or legal process;
the information to be disclosed is otherwise publicly available;
the disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
the party to whom the disclosure is made controls, is controlled by, or is under common control with CGRS;
the disclosure is to a third party in connection with the sale, transfer or re-organization of some or all of CGRS or its assets, bankruptcy or other business transaction;
the disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation, including to enforce any applicable terms of service;
the disclosure is to our professional advisors, such as auditors, law firms or accounting firms;
the disclosure is required to ensure the safety and security of CGRS and/or its Users;
the disclosure is in our sole discretion about Users who we believe are engaged in illegal activities or are in violation of our Terms of Use, even without a subpoena, warrant or court order;
the disclosure is to vendors or service providers, including without limitation email marketing services vendors, IT service management vendors, payment processors and data analytics vendors (“Administrative Service Providers”), including Administrative Service Providers outside the country or jurisdiction in which you reside; or
the disclosure is part of a disclosure of aggregate user data that does not disclose information about you or otherwise identify you.
DATA SECURITY, INTEGRITY, AND ACCESS
The information you provide and we collect about you is stored within databases that we control directly or through our Administrative Service Providers. As we deem appropriate and as required by the applicable law, we use security measures consistent with industry standards, including physical, organizational and technological protections, such as firewalls, to protect your information. However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.
Information about you may only be accessed by persons within our organization, our Administrative Service Providers who require such access to provide you with the services indicated above, or any other party that you have provided us with authorization to share such information with.
Your information may be transferred to, and maintained on, computers located outside of your state, province/territory, or country where the privacy laws may not be as protective as those where you live.
THIRD PARTY WEBSITES AND LINKS
Our Services may contain links to other sites operated by third parties. CGRS does not control such other sites and is not responsible for the privacy or security of these sites, including the accuracy, completeness or reliability of content or information found on these sites. CGRS’s inclusion of such links does not, by itself, imply any endorsement of the content on such sites or of their owners or operators. Any information submitted by you directly to these third parties is subject to that third party’s privacy policy and CGRS is not responsible for their use of your information. CGRS expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of information about you by or to third parties.
CHILDREN’S PRIVACY
Because many of our cases involve children under the age of 13, we may collect the following information about children under 13 years of age: name, gender, date of birth, country of origin, and address. We do not seek or knowingly collect any personal information about children under 13 years of age other than the categories of information listed above. If we become aware that we have unknowingly collected any other information about a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.
If you are the parent or guardian of a child under 13 years of age who has provided us with their personal information, you may contact us using the information below to request it be deleted.
HOW TO CONTACT US
Should you have any requests, questions or concerns about our privacy practices or this Privacy Policy, please contact us by mail or email at the following:
Attn: Deputy DirectorCenter for Gender and Refugee Studies200 McAllister StreetSan Francisco, CA 94102E-mail: cgrs@uclawsf.edu
We welcome your questions and comments
